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Independent contractors

jerzaljerzal 34 Posts
in HR & Employment Law Vote Up0Vote Down
One of our ee's is has a work permit and is legally allowed to work in the US. He is still waiting for his green card.

His wife does not have a work permit.

We are going to need someone to help us temporarily for a few months. Can we use his wife as an "independent contractor" for a few months, even though she doesn't have a work permit? She does have a SSN.

I'd think not but wanted some advice. I'd wouldn't hire her an an ee w/o the work permit, so I would think I couldn't use her as an IC, but then again someone told me all you need for an IC is a SSN to send them a 1099.

Thanks for your help.
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Comments

  • 3 Comments sorted by Votes Date Added
  • ShadowfaxShadowfax 910 Posts
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    Her work, even as an independant contractor must still abe approved by INS. INS will, in some situations approve these kinds of employment, typically on a temporary basis (TN card) but it isan awful trap for the employer. In the firast place, there are very very very few ligit independant contractors. Unless she is a consultant, and you actually treat her as a consultant, you have no hope. Even if she is you are on a slippery slope. I know. I had one and we are now in Federal Court over a laundry list of complaints, which even if we win, will cost us huge dollars in fees and lost admin time - and I'm not at all sure we can win. This is in addition to the "ind con/tor' having already collected uim from us because uim decided he was employeee not ind, then he wanted FMLA and didn't get it now suing for double damages. All this creating problems with INS and other employees. My view:green card/employee or no job. Period.
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  • jerzaljerzal 34 Posts
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    That was going to be my recommendation if it were brought up again. It is just not worth the risk and the work, we can just get some one from a temp agency.


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  • marcmarc 3,126 Posts
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    It is nice of you to want to help this family out. The exposure is not worth it in this case. The example illustrated by Shadowfax is but one of the many hornets nests you may step in. Do whatever you would normally do to get your temporary work completed.
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